PORT OF SEATTLE 
MEMORANDUM 
COMMISSION AGENDA               Item No.       5d 
ACTION ITEM             Date of Meeting    July 10, 2012 

DATE:    June 28, 2012 
TO:      Tay Yoshitani, Chief Executive Officer 
FROM:   Craig Watson, General Counsel 
Anne Purcell, Senior Port Counsel 
SUBJECT:  Settlement in the Matter of Lorena Jo Potts, individually and as Personal 
Representative of the Estate of Donald Lee Potts v. Port of Seattle, et al. 
King County Superior Court Cause No. 11-2-07966-5.

Amount of This Request:  $475,000.00 
Source of Funds: United States Aircraft Insurance Group (USAIG) 

ACTION REQUESTED: 
Request Commission authorization for the Chief Executive Officer to execute all documents
necessary to settle claims filed by Lorena Jo Potts, individually and as Personal Representative
of the Estate of Donald Lee Potts ("Potts"). The terms of the compromise and settlement for
which approval is requested shall release the Port for all damages claimed in the lawsuit. The
claim of $475,000 will be paid by the Port's insurer, United States Aircraft Insurance Group. 
BACKGROUND: 
This request for Commission authorization for settlement arises out of the General Counsel's
recommendation to settle claims filed by Potts. Potts filed a tort claim against the Port on
December 16, 2010, and filed suit in King County Superior Court on April 1, 2011. Potts
alleged exposure to asbestos while working as an electrician at Seattle-Tacoma International
Airport between 1970 and 1972 under a theory of premises liability. Potts was diagnosed with
mesothelioma in November 2010 and died January 13, 2011. 
The Port was one of five defendants sued in this matter. Prior to trial, the other defendants
settled with plaintiff. The Port and Potts failed to reach agreement at mediation and trial
commenced on May 31, 2012.
The Port had tendered this matter to its insurer USAIG in 2010. USAIG eventually accepted the
tender, settlement negotiations were resumed, and an agreement reached before trial was
completed. The Port was represented by the law firm of Bullivant Houser Bailey in this matter.

COMMISSION AGENDA 
Tay Yoshitani, Chief Executive Officer 
June 28, 2012 
Page 2 of 2 

In light of the liability exposure and the likelihood that a judgment rendered in the event of
continued litigation would likely be in the amount claimed or higher, and the expenses involved
in continued litigation would be unnecessarily high in relation to the amount claimed, the
General Counsel certifies that this settlement is warranted in accordance with the provisions of
Resolution No. 3605. 
ALTERNATIVES CONSIDERED AND THEIR IMPLICATIONS: 
Alternatives have been considered as discussed in attorney-client privileged communications. 
OTHER DOCUMENTS ASSOCIATED WITH THIS REQUEST: 
None. 
PREVIOUS COMMISSION ACTIONS OR BRIEFINGS: 
There were no public briefings related to this request.